Abstract
The judiciary plays a unique role in Canadian politics. Understanding the role and importance of gender in the judiciary helps to make visible this political role. This chapter provides a basic overview of the structure and role of Canada’s judicial branch. By considering the politics of judicial selection and its effects on gender diversity on the courts, this chapter will consider why a gendered and sexualised lens is important for understanding the politics of Canada’s judicial branch. Justice public policy, including the Court Challenges Program and Gender-Based Analysis (GBA) employed by the Department of Justice, is also considered.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
Notes
- 1.
The exception to this dual court system is Nunavut. Nunavut is the only jurisdiction in Canada that has a single level court (Nunavut Court of Justice), which hears all legal cases for the territory. The judges of the court are appointed by the federal government.
References
Belleau, Marie-Claire, and Rebecca Johnson. 2012. Judging Gender: Difference and Dissent at the Supreme Court of Canada. In Women in the Judiciary, ed. Ulrike Schultz and Gisela Shaw, 56–70. New York: Routledge.
Brodie, Ian. 2001. Interest Group Litigation and the Embedded State: Canada’s Court Challenges Program. Canadian Journal of Political Science 34 (2): 357–376.
Canadian Press. 2007. Dion Promises to Restore Court Challenges Program. CTV News. https://www.ctvnews.ca/dion-promises-to-restore-court-challenges-program-1.237805. Accessed 18 Aug 2019.
CBC News. 2016. Kael McKenzie Sworn in as 1st Transgender Judge in Canada. CBC. https://www.cbc.ca/news/canada/manitoba/transgender-judge-kael-mckenzie-manitoba-appointment-1.3446720. Accessed 18 Aug 2019.
Crandall, Erin. 2014. Does the System of Judicial Appointment Matter? Exploring Women’s Representation on Ontario’s Courts. Canadian Journal of Women and the Law 26 (2): 185–205.
———. 2015. Judicial Diversity and the Harper Government. Policy Options. http://policyoptions.irpp.org/magazines/october-2015/stephen-harper-and-the-judiciary/judicial-diversity-and-the-harper-government/. Accessed 15 Mar 2019.
Crandall, Erin, and Andrea Lawlor. 2017. The Politics of Judicial Appointment: Do Party Connections Impede the Appointment of Women to Canada’s Federally Appointed Courts? Canadian Journal of Political Science 50 (3): 823–847.
Department of Justice. 2018. Policy on Gender-Based Analysis Plus. Government of Canada. https://www.justice.gc.ca/eng/abt-apd/pgbap-pacsp.html. Accessed 27 Mar 2019.
Federation of Law Societies of Canada. 2016. 2016 Law Societies Statistics. Federation of Law Societies of Canada. https://flsc.ca/wp-content/uploads/2018/04/Statistics-2016-FINAL.pdf. Accessed 18 Aug 2019.
Hausegger, Lori, Troy Riddell, and Matthew Hennigar. 2013. Does Patronage Matter? Connecting Influences on Judicial Appointments with Judicial Decision Making. Canadian Journal of Political Science 46 (3): 665–690.
———. 2015. Canadian Courts: Law, Politics, and Process. Don Mills: Oxford University Press.
Johnson, Susan W., Donald R. Songer, and Nadia A. Jilani. 2011. Judge Gender, Critical Mass, and Decision Making in the Appellate Courts of Canada. Journal of Women, Politics & Policy 32 (3): 237–260.
Judicial Appointments Advisory Committee. 2013. Annual Report for the Period from 1 January 2012 to 31 December 2012. Ontario Judicial Appointments Advisory Committee. http://www.ontariocourts.ca/ocj/files/open/JAAC-2013-Ann-Rep.pdf. Accessed 18 Aug 2019.
Kay, Fiona, and Joan Brockman. 2000. Barriers to Gender Equality in the Canadian Legal Establishment. Feminist Legal Studies 8 (2): 169–198.
Kelly, James B. 2005. Governing with the Charter: Legislative and Judicial Activism and Framers’ Intent. Vancouver: UBC Press.
Kenney, Sally J. 2013a. Gender & Justice: Why Women in the Judiciary Really Matter. New York: Routledge.
———. 2013b. Which Judicial Selection Systems Generate the Most Women Judges? Lessons from the United States. In Gender and Judging, ed. Ulrike Schultz and Gisela Shaw, 461–480. Oxford: Hart Publishing.
Kirkup, Kyle. 2018. After Marriage Equality: Courting Queer and Trans Rights. In Policy Change, Courts, and the Canadian Constitution, ed. Emmett Macfarlane, 378–394. Toronto: University of Toronto Press.
Leblanc, Daniel, and Tom Cardoso. 2019. PMO Vets Potential Judges with Liberal Database: Records Show Use of Private Party Tool to Further Screen Judicial Candidates after Advisory Committee Process. The Globe and Mail, April 24.
MacCharles, Tonda. 2014. Peter MacKay Tries to Explain Lack of Diversity on Federal Courts. The Toronto Star, June 18.
Manfredi, Christopher P. 2001. Judicial Power and the Charter: Canada and the Paradox of Liberal Constitutionalism. Don Mills: Oxford University Press.
Morton, Frederick Lee, and Rainer Knopff. 2000. The Charter Revolution and the Court Party. Peterborough: Broadview Press.
National Post. 2015. Gay Men Will Be Included Among Syrian Refugees in Addition to Women, Children, Families. https://nationalpost.com/news/canada/gay-men-will-be-included-among-syrian-refugees-in-addition-to-women-children-families. Accessed 28 Aug 2019.
Office of the Auditor General of Canada. 2015. Implementing Gender-Based Analysis. Government of Canada. http://www.oag-bvg.gc.ca/internet/English/parl_oag_201602_01_e_41058.html. Accessed 28 Aug 2019.
Office of the Commissioner for Federal Judicial Affairs. 2016. Guidelines for Judicial Advisory Committee Members. Government of Canada. http://www.fja.gc.ca/appointments-nominations/committees-comites/guidelines-lignes-eng.html. Accessed 15 Mar 2019.
———. 2018. Statistics Regarding Judicial Applicants and Appointees. Government of Canada. http://www.fja.gc.ca/appointments-nominations/StatisticsCandidate-StatistiquesCandidat-eng.html. Accessed 15 Mar 2019.
———. 2019. Number of Federally Appointed Judges as of March 1. Government of Canada. http://www.fja.gc.ca/appointments-nominations/judges-juges-eng.aspx. Accessed 15 Mar 2019.
Puddister, Kate. 2019. Seeking the Court’s Advice: The Politics of the Canadian Reference Power. Vancouver: UBC Press.
Rackley, Erika. 2013. Women, Judging and the Judiciary: From Difference to Diversity. London: Routledge.
Rochette, Annie. 2016. Climate Change Is a Social Justice Issue: The Need for a Gender-based Analysis of Mitigation and Adaptation Policies in Canada and Quebec. Journal of Environmental Law and Practice 29: 383–410.
Russell, Peter H. 1987. The Judiciary in Canada: The Third Branch of Government. Toronto: McGraw-Hill Ryerson Ltd.
Smith, Miriam. 1999. Lesbian and Gay Rights in Canada: Social Movements and Equality-Seeking, 1971–1995. Toronto: University of Toronto Press.
———. 2002. Ghosts of the Judicial Committee of the Privy Council: Group Politics and Charter Litigation in Canadian Political Science. Canadian Journal of Political Science 35 (1): 3–29.
———. 2019. Homophobia and Homonationalism: LGBTQ Law Reform in Canada. Social & Legal Studies.https://doi.org/10.1177/0964663918822150. Accessed 11 Dec 2019.
Status of Women Canada. 2018. Gender-Based Analysis Plus (GBA+). Government of Canada. https://cfc-swc.gc.ca/gba-acs/index-en.html. Accessed 27 Mar 2019.
Wilson, Bertha. 1990. Will Women Judges Really Make a Difference? Osgoode Hall Law Journal 28 (3): 507–522.
Court Decisions
Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101.
Edwards v. Attorney General for Canada. 1930. A.C. In 124.
Egan v. Canada [1995] 2 SCR 513.
Halpern et al. v Attorney General of Canada et al. (2003), 65 OR (3d) 161 (C.A).
M. v. H., [1999] 2 S.C.R. 3.
R. v. Butler, [1992] 1 S.C.R. 452.
R. v. Morgentaler [1988] 1 SCR 30.
Reference re Same-Sex Marriage, [2004] 3 S.C.R. 698, 2004 SCC 79.
Valente v. The Queen, [1985] 2 S.C.R. 673.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2020 The Author(s)
About this chapter
Cite this chapter
Crandall, E. (2020). The Judiciary: Representation in Law and Justice Public Policy. In: Tremblay, M., Everitt, J. (eds) The Palgrave Handbook of Gender, Sexuality, and Canadian Politics. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-49240-3_12
Download citation
DOI: https://doi.org/10.1007/978-3-030-49240-3_12
Published:
Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-030-49239-7
Online ISBN: 978-3-030-49240-3
eBook Packages: Political Science and International StudiesPolitical Science and International Studies (R0)